2020-2021 Season Pass “Pass” Release & Indemnity Agreement
Please do not accept or use a season pass unless you are willing to accept this agreement.
Complying with this entire agreement is a condition of your use of Sundance and your Pass.
Sundance strives to maintain the natural pristine mountain environment. Sundance does not mark all hazards or obstacles on the mountain. Pay attention to your surroundings and the mountain environment that you are using. Listed below are some of the rules and recommendations to make everyone’s experience more enjoyable. This is only a partial list; use common sense and good judgment. If you are in doubt, please ask our Ski Patrol.
- Follow the “Your Responsibility Code” posted throughout the resort and on our Trail Map.
- All Season Pass holders must sign this liability wavier and agree to the following Terms & Conditions, on our website, https://www.sundanceresort.com/wp-content/uploads/2020/08/SeasonPassTermsConditions.pdf before picking up their pass. If under the age of 18, persons are required to have a parent, adult responsible party of Legal Guardian (Responsible Party) read and countersign the agreement.
- Read the mountain information contained in our Trail Map, on our website, https://www.sundanceresort.com/winter-mountain-safety/, and strictly follow signs posted throughout the resort.
- Violations of the following may result in legal prosecution and/or loss of Pass and skiing/snowboarding privileges without compensation:
- Skiing/snowboarding too fast, recklessly or beyond your ability.
- Skiing/snowboarding while intoxicated.
- Skiing/snowboarding beyond CLOSED AREA or Ski area boundary signs.
- Swinging or jumping out off chairlifts.
- Abusive or rude language.
- Not following signs, warnings, or instructions.
- Conduct that threatens the safety of guests, employees or Sundance property.
- Failure to pay Sundance for goods or services received.
- Engaging in activities for compensation while on the ski area or Sundance property, including but not limited to: ski instruction, guiding and soliciting ski students.
5. Consider lessons to improve your understanding and ability.
6. The Pass is the property of Sundance and is not transferable, not refundable, and is not for re-sale except otherwise provided by the Sundance Season Pass Protection Program. Fraudulent use of a Season Pass or violation of this policy will result in the pass being confiscated and voided, and may subject the Season Pass holder and the authorized user to prosecution for theft of services. All privileges under the Pass are granted solely to the person named on the Pass. You are completely responsible for the control and use of the Pass. Use of the Pass by anyone else constitutes fraud and will result in immediate and permanent loss of the Pass and all privileges without compensation and/or criminal prosecution. I agree to voluntarily surrender this Pass at the request of any member of Ski Patrol or Sundance personnel for alleged violations of this agreement without any claim for reimbursement of expense or cost.
7. There will be a non-refundable service charge of $35 to replace any Pass if it is lost or stolen and Sundance must be notified in writing within 5 days of the loss. The Pass must be worn in a manner that is visible. If you forget your Pass, a day pass can be issued with identification for $10.
The Season Pass is valid only during the above ski season for skiing/snowboarding and the following summer season for hiking and mountain biking activities and does not authorize any other activity offered by the resort. All passes expire on October 31st of each year.
EACH PASS HOLDER MUST SIGN THIS AGREEMENT, and a PARENT/LEGAL GUARDIAN MUST SIGN FOR PASS HOLDER UNDER 18 YEARS OF AGE.
Each season pass holder must also agree to and sign the Summer Rental and Release Agreement as a condition to use of Sundance Facilities and Activities during the summer.
By signing this Agreement, you understand and agree to this entire integrated Agreement.
The Parties agree that this Agreement shall be interpreted by any court in the broadest fashion and to the fullest extent allowed by law to effectuate the full release of all liability, the indemnity, the express assumption of the risk and/or the covenant not to sue contained herein.
RELEASE & INDEMNITY AGREEMENT
PLEASE READ CAREFULLY, YOU ARE GIVING UP RIGHTS IF SIGNED.
Assumption of the Risk. I, the undersigned, and if I am under 18 years of age, my parent/legal guardian and I (hereafter “I”) am aware that Sundance exists in a winter mountain environment and use of its facilities and services, including skiing/snowboarding and cross country skiing, in their various forms (hereafter “Skiing”), involves the risk of injuries, property damage, and death. Terrain changes, lift towers, snowmaking equipment, snowmobiles, snow-grooming equipment, signs, rocks, gravel, trees, stumps, avalanche, ice, weather, snow conditions, bare spots, equipment failure, getting on/off or riding of ski lifts, slip and falls, collisions with skiers/snowboarders, objects, or other equipment used for Sundance’s operations, failure to ski under control or within one’s ability, are some examples of the risks. I agree that risks exist throughout Sundance, are unmarked, and may occur without warning.
I agree that I assume responsibility for maintaining control at all possible times while engaging in Skiing & for reading, understanding & complying with all signage, including instructions on the use of lifts. I agree that I have the physical dexterity & knowledge to safely load, ride & unload the lifts.
In consideration of the issuance of the Pass, reduced price skiing and use of the ski area, services and facilities, I expressly assume and accept all risks of using the facilities and Skiing, whether or not described above, including any negligence of Sundance Partners Ltd., Sundance Holdings LLC, Sundance Village Holdings, LLC, Sundance Development Corporation, Sundance Enterprises, Inc., Sundance Group LLC, Sundance Institute, affiliated entities, trust instruments and Robert Redford, and all of their officers, members, partners, employees, assignees, agents, and property owners (collectively hereafter "Sundance").
Release of Liability. To the fullest extent allowed by law, and as permitted pursuant to Utah Code Annotated 78B-4-405, I agree to fully release Sundance for any and all claims, injuries, death, damages, expenses or loss arising from, caused by or resulting from my use of Sundance facilities and services including any claims or injuries from my Skiing, use of ski lifts, runs, parks, surface transportation, parking, events, food services, instruction, lessons, lodges, product liability, the operation of Sundance, the negligence of Sundance or any falls regardless of whether or not Sundance was negligent (hereafter collectively the “use of Sundance”).
Indemnity. In consideration for me (or, if applicable, my minor child) being issued a Pass to ski and/or snowboard at Sundance, or otherwise the use of Sundance, to the fullest extent allowed by law, I agree to indemnify and hold Sundance harmless from all claims, damages or injuries arising from my “use of Sundance” and from claims of others related to my “use of Sundance” even if Sundance was negligent. My obligations include paying (or reimbursing) all attorneys’ fees, costs, or judgments incurred by Sundance as a result of my obligations to indemnify or the breach of this agreement. I agree never to file a lawsuit against Sundance related to my “use of Sundance” even if Sundance was negligent. However, I agree that any lawsuit filed against Sundance shall be filed in the Fourth District Court in Utah County, Utah, or the Federal Court for the District of Utah and that I will not seek any “general damages” or “pain and suffering” damages in any lawsuit or claim.
I represent that I have read, agree, and understand the terms of this Agreement, including the other side of this form. I agree that if any part of this Agreement is determined to be unenforceable, then all other parts shall remain in effect and that Utah law shall apply. This Agreement is binding upon my heirs and representatives.
Pass holders under the age of 18 (“minor”) are required to have an authorized parent or legal guardian (hereinafter “Parent”) read and sign this Agreement. The Parent and the minor have read, understand, and agree to comply with this Agreement contained on both pages. The Parent agrees and acknowledges Parent’s and minor’s express assumption of risk, indemnity and covenants not to sue Sundance, including for negligence and wrongful death. The Parent agrees to indemnify and hold Sundance harmless from any and all claims brought by the minor or resulting from the minor’s actions, even if Sundance is negligent. The Parent agrees to explain and enforce the “Your Responsibility Code,” and undertake all duties and responsibilities to educate, control, and protect the minor from all the risks involved in Skiing and the use of Sundance. The parent understands and agrees that a minor may use the ski lifts without an adult present or may ride the ski lifts with non-employee guests. The Parent agrees to make all decisions concerning the minor’s participation, involvement in Skiing, and use of Sundance. The Parent represents that the minor has health insurance, and agrees to pay all medical bills incurred by the minor and waives all rights of subrogation against Sundance. The Parent agrees that the signature of one Parent binds both.